SCOOPITUP ONLINE TERMS AND CONDITIONS
Warning: This is an important document which affects your legal rights and obligations. Please read it carefully and do not agree to it unless you are satisfied you understand it.
For and in consideration of Scoopitup Online granting me permission to attend and participate in a Scoopitup Online class, course or workshop whether online or in person and as a condition of entry, I HEREBY AGREE to the following terms and conditions:
Risk Warning, Acceptance of Risks, Release and Indemnity
I am aware that participating in exercise contains elements of risk, both obvious and inherent, and that by participating in a Class I will be exposed to such risks. The risks involved may result in property damage and/or personal injury including disease and death.
I fully appreciate the nature and extent of all risks involved and by participating in a Class I freely, voluntarily and absolutely ACCEPT ALL RISKS howsoever arising out of or in relation to my participation in the Class, whether caused by the negligence of Scoopitup Online and the Associated Entities, or otherwise.
By entering a Class I vouch that have no known medical conditions which would preclude me from participating. I will immediately notify Scoopitup Online in writing of any change to by fitness and ability to participate.
To the full extent permitted by law, I agree to WAIVE all and any claim, right or cause of action which I or my heirs, successors, executors, administrators, agents and assigns might otherwise have against any one or more of Scoopitup Online and the Associated Entities for or arising out of Death, Illness or Injury which I may suffer or sustain in the course of or consequential upon or incidental to my participation in a Class, whether caused by the negligence of Scoopitup Online and the Associated Entities, or otherwise.
To the full extent permitted by law, I agree to RELEASE AND DISCHARGE Scoopitup Online and the Associated Entities from all liability to me, my personal representatives, heirs and next of kin, for Death, Illness or Injury which I may suffer or sustain in the course of or consequential upon or incidental to my participation in a Class, whether caused by the negligence of Scoopitup Online and the Associated Entities, or otherwise.
To the full extent permitted by law, I agree to INDEMNIFY AND HOLD HARMLESS Scoopitup Online and the Associated Entities against all claims, demands, actions, suits, proceedings, damages, costs, losses, expenses or liabilities of any kind, including legal costs, that may be brought or made by any person for Death, Illness or Injury arising out of or as a consequence of my acts or omissions in the course of or consequential upon or incidental to my participation in a Class, whether caused by the negligence of Scoopitup Online and the Associated Entities, or otherwise.
I agree that the liability of Scoopitup Online in relation to any recreational service (as defined in section 139A of the Competition and Consumer Act 2010 (Cth)) and any recreational activity (as defined in the Civil Liability Act 2002 (NSW)) for any:
● death;
● physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
or
● contraction, aggravation or acceleration of a disease; or
● coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs: i. that is or may be harmful or disadvantageous to the individual or community; or
● that may result in harm or disadvantage to the individual or community, that I may suffer (or a person on whose behalf I acquire the services may suffer) is EXCLUDED.
By accepting this agreement I acknowledge and agree that (a) the assumption of risk and warning above constitutes a “risk warning” in accordance with and for the purposes of the Civil Liability Act 2002 (NSW); and (b) I have been given notice that certain statutory rights and in particular guarantees under Commonwealth and/or State consumer laws have been excluded, restricted or modified by this Agreement including in particular in the manner set out above.
Medical Information and Treatment
I understand that I should not participate in a Class unless I have trained appropriately and a qualified medical practitioner has verified my medical and physical condition. I agree that I remain responsible for my own health care.
I undertake to stop exercising immediately if I experience faintness, dizziness, pain or shortness of breath at any time.
I agree that in the event that I become ill or injured in the course of my attendance at or participation in a Class, I will consent to receive any medical treatment, including without limitation physical examination, first aid, defibrillation and ambulance transportation that Scoopitup Online or Associated Entities think desirable.
Personal Information and Publicity
I agree that Scoopitup Online and Associated Entities may collect, store and use my Personal Information in accordance with the Scoopitup Online’s privacy policy.
Safety and Insurance
I acknowledge and agree that any safety precautions undertaken by Scoopitup Online and Associated Entities are a service to me and not a guarantee of my safety.
I acknowledge and agree that any insurance cover affected for participants in a Class may not cover me for any or all death, injury, loss or damage sustained by me.
Membership
Members of Scoopitup Online may not share, give or sell their login details or password to any other person or entity.
Cancellation Policy
Your Scoopitup Online subscription will continue until terminated. Unless you cancel your subscription before your billing date, you authorise us to charge the membership fee for the next billing cycle to your Payment Method.
Paid monthly subscription
You can cancel your Scoopitup Online monthly subscription anytime. Once cancelled, you will continue to have access to the Scoopitup Online service through to the end of your monthly billing period. To the extent permitted by the applicable law, payments are non-refundable, and we do not provide refunds or credits for any partial subscription periods or unused Scoopitup Online content. To cancel, go to the “user” icon on the top right of the navigation and select “subscriptions”, click “cancel” and then follow the instructions for cancellation. If you cancel your subscription, your account will automatically close at the end of your current billing period.
12 months upfront – Annual subscription
You can cancel your Scoopitup Online annual subscription at any time. Once cancelled, you will continue to have access to the Scoopitup Online service through to the end of 12 months from the last upfront annual payment date. To the extent permitted by the applicable law, payments are non-refund to cancel, go to the “user” icon on the top right of the navigation and select “subscriptions”, click “cancel” and then follow the instructions for cancellation. If you cancel your subscription, your account will automatically close at the end of your current billing period.
Safety Disclaimer- Exercise
Physical exercise, in all of its forms and with or without the use of equipment such as weights, ball, band or any other equipment that may be suggested by a Scoopitup Online teacher, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment, shown in any of the video clips on the Website. Scoopitup Online is not a medical organisation and its instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, exercises, moves and instruction are not required to be performed by you and are carried out at your election while viewing Scoopitup Online videos. Nothing contained in this Website should be construed as any form of such medical advice or diagnosis.
By using the Website you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes and activities from Scoopitup Online, you will not exceed your limits while performing such activity, and you will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against Scoopitup Online, or any person or entity involved with Scoopitup Online, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
When participating in Scoopitup Online ensure you always:
● Check that you have sufficient space to practice
● Check there are no trip/slip hazards
● Check there are no objects you may fall on or come in contact with
● Check there are no sharp objects or hot surfaces near by
● Ensure you have sufficient lighting
● Ensure your camera/screen and other electrical appliances, including cables, are on a levelled surface and not in your training space causing a trip hazard
● Ensure the room has sufficient ventilation
● Ensure you have water to keep hydrated
● Remember to seek medical advice before training if you have any existing injuries or other medical conditions
● Remember that children require adult supervision whilst practicing
● Ensure all household members are aware of the training and avoid entering the space
● Limitation on Liability
Safety Disclaimer - Nutrition
General Disclaimer
The nutrition information provided by Scoopitup Online is for general informational purposes only. While we strive to provide accurate, up-to-date, and scientifically supported information, we do not guarantee its accuracy, completeness, or reliability. The information provided on this website or app is not intended to replace professional medical advice, diagnosis, or treatment.
Always consult a qualified healthcare professional, including a registered dietitian or a doctor, before making any significant changes to your diet or exercise routine.
Accuracy of Nutritional Information
We make reasonable efforts to provide accurate nutritional data for the food products, recipes, and meal plans available through the Service. However, there may be variations in nutritional values depending on factors such as portion sizes, ingredient substitutions, and food preparation methods. We cannot guarantee the exact accuracy of the nutrition information presented. Users are encouraged to verify nutrition information from other sources, especially when making decisions that impact their health or dietary needs.
Limitation of Liability
To the fullest extent permitted by law, Scoopitup Online, its employees, agents, and affiliates will not be liable for any damages, losses, or expenses arising from the use or inability to use the information provided by the Service, including but not limited to personal injury, health issues, or any other loss resulting from reliance on nutrition information.
The information on the Service is provided "as is," and we make no representations or warranties, either express or implied, regarding its accuracy, completeness, reliability, or suitability for your specific needs.
Dietary and Health Advice
The Service may provide general advice on nutrition, meal planning, and health. This advice is not tailored to individual needs and may not be suitable for all users. Each individual has unique dietary and health requirements, and the information provided should not be viewed as a substitute for personalized medical or dietary guidance from a professional.
Use of Content
All content provided on the Service, including text, images, recipes, and nutritional data, is protected by copyright and other intellectual property laws. You may access and use this content for personal, non-commercial use only, unless otherwise authorized by Scoopitup Online in writing. You may not reproduce, distribute, or modify any content without prior written consent.
In no event shall Scoopitup Online, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (I) errors, mistakes, or inaccuracies of content, (II) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website, (III) any unauthorised access to or use of Scoopitup Online secure servers and/or any and all personal information and/or financial information stored therein, (IV) any interruption or cessation of transmission to or from the Website, (V) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Website by any third party, and/or (VI) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Scoopitup Online is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Scoopitup Online shall not be liable for content posted by users or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. Any reference to a person, entity, product, or service on this Website does not constitute an endorsement or recommendation by Scoopitup Online or any of its employees. Scoopitup Online is not responsible for any third party content on the Website or third party web page accessed from this Website, nor does Scoopitup Online warrant the accuracy of any information contained in a third party website or its fitness for any particular purpose. No communication of any kind between you and Scoopitup Online or a representative of Scoopitup Online shall constitute a waiver of any limitations of liability hereunder or create any additional warranty not expressly stated in the terms of use. Scoopitup Online reserves the right to remove any material posted on the Website that it determines in its sole discretion is violative of any law or right of any person, infringes the rights of any person, or is otherwise inappropriate for posting on the website.
PRIVACY POLICY
This privacy policy (“Privacy Policy”) sets out how Scoopitup Online PTY LTD upholds your rights under the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) (“Privacy Act”). This Privacy Policy explains what personal information of yours Scoopitup Online hold, and how that information is collected, handled and safeguarded.
Scoopitup Online may change this Privacy Policy from time to time by updating this page. This Privacy Policy is effective from 1 Feburary 2023.
In this Privacy Policy, all terms defined in the Privacy Act 1988 (Cth) (Privacy Act) have the same meaning when used in this Privacy Policy.
The kind of personal information Scoopitup Online will collect and hold about you depends on the circumstances of collection and the nature of your dealings with Scoopitup Online.
Scoopitup Online may collect the following information:
● Name
● Contact information (including mobile number and email address)
● Date of birth
● Details of emergency contact person (including their name and contact information)
● Credit card details and/or bank account details
● Payment history
● Demographic information (for example your postcode, interests, and preferences)
● Other information relevant to customer surveys and/or offers
● Sensitive information*
● There is no obligation on an individual to provide their personal information. However, it may not be possible for Scoopitup Online to provide its services and/or products without certain information from an individual.
How your personal information is collected and held
Body Holiday collect personal information directly from you. Information may be collected through a number of ways, including: in person, over the phone, through communications with you through our website or mobile booking applications, social media sites and other digital platforms, and in writing.
The kinds of sensitive information Scoopitup Online may collect includes information relating to:
● General travel and workout preferences
● General health;
● Medical history;
● Smoker status;
● Pregnancy;
● Current medications;
● Other health related information that Scoopitup Online considers relevant to adequately and safely advise you about fitness activities.
Use of information
Scoopitup Online will only use the information gathered for the following purposes:
● providing you with the services you have requested;
● managing your account with Scoopitup Online;
● sending promotional SMS or emails to you about special offers, new products or other information Scoopitup Online thinks may be of interest to you using the mobile number or email address that you have provided. **
** You may opt out of receiving this content at any time by contacting us via email at scoopitupp@gmail.com
Scoopitup Online will not sell your information.
Disclosure of information
Scoopitup Online may disclose your personal information to third parties for the purposes for which it collects it. That is, Scoopitup Online will generally only disclose your personal information for the purposes set out above. Scoopitup Online may also disclose your personal information to other third parties, where we are required or authorised by law to do so (including where you have provided your consent).
Scoopitup Online may disclose your personal information to third party service providers overseas. By providing your personal information to Scoopitup Online you consent to this disclosure of your personal information.
Security
Scoopitup Online is committed to ensuring that your information is protected. Scoopitup Online have taken reasonable steps to protect the personal information by implementing appropriate electronic, physical and managerial processes to prevent the misuse, interference, loss, and unauthorised access, modification, alteration, use, disclosure or destruction of the information collected.
Use of cookies
Scoopitup Online uses cookies (standard web browser features that are small text files stored in a user’s browser) on our digital platforms to help us improve your experience. You can choose to accept or decline cookies, and can also disable cookies in your browser settings. If you decline or disable cookies, the function and usability of the digital platforms you are using may be impacted and may impact the ability of Scoopitup Online to provide the services you have requested.
Links to other webpages
Scoopitup Online websites may contain links to other websites. Scoopitup Online does not have control over these websites and is therefore not responsible for the privacy or protection of any information that you elect to provide while visiting these sites.
Questions and complaints
For further information regarding this Privacy Policy or to get in touch, please contact scoopitupp@gmail.com